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Housing and Planning Bill - Report (5th Day) (Continued)

Part of the debate – in the House of Lords at 10:00 pm on 25th April 2016.

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Amendments 128B and 128C

Moved by Viscount Younger of Leckie

128B: Clause 165, page 84, line 30, leave out “11A(3)” and insert “11A(4)”

128C: Clause 165, page 84, line 33, leave out from beginning to end of line 10 on page 85 and insert—““11A Powers of entry: further notices of entry(1) This section applies where—(a) an acquiring authority have given a notice of entry under section 11(1) but have not yet entered on and taken possession of the land, and(b) the authority become aware of an owner, lessee or occupier (“the newly identified person”) to whom they ought to have given a notice to treat under section 5(1) but have not.(2) Any notice of entry already served under section 11(1) remains valid, but the authority may not enter on and take possession of the land unless they serve on the newly identified person—(a) a notice to treat under section 5(1), and(b) a notice of entry under section 11(1).(3) Subsection (4) applies for the purpose of determining the period to be specified in the notice of entry under section 11(1) served on the newly identified person if—(a) the person is an occupier of the land and the authority were not aware of the person because they were given misleading information when carrying out inquiries under section 5(1), or(b) the person is not an occupier of the land. (4) The period specified in the notice must be a period that ends—(a) no earlier than the end of the period of 14 days beginning with the day on which the notice of entry is served, and(b) no earlier than the end of the period specified in any previous notice of entry given by the acquiring authority in respect of the land.”

Amendments 128B and 128C agreed.

Clause 166: Counter-notice requiring possession to be taken on specified date